Detailed answer — what the law allows and the typical process

When multiple people (for example, siblings and their children) own a parcel of land together as tenants in common or joint tenants, Massachusetts law gives each co-owner the right to seek partition — that is, a court-ordered physical division of the property or a sale with proceeds divided among the owners. The basic statutory source is Massachusetts General Laws, chapter 240, section 1, which provides the right to bring a partition action: M.G.L. c.240 §1.

Who can file

Any owner with a legal interest in the property (record owner, heir with title, or a beneficiary whose interest is recognized by title) can file a partition action. If an owner is a minor or incapacitated, the court will require a guardian or next friend to represent that person.

Pre-filing steps you should take

1. Collect documents: deeds, wills, trusts, mortgage statements, property tax bills, and any written agreements among owners.
2. Identify all owners: this includes adult children who inherited interests, spouses if their interest exists, and any recorded lienholders or mortgagees.
3. Try negotiation: send a written demand proposing division, buyout offers, or sale. Offer mediation to avoid court.

Filing a partition action — courts and procedure

In Massachusetts, partition actions are generally brought in the appropriate court (often the Superior Court; the Land Court can hear partition cases when title or survey issues require its specialized procedures). See the Massachusetts Superior Court and Land Court information pages: Massachusetts Superior Court, Massachusetts Land Court.

The plaintiff files a complaint naming all owners and known lienholders. The court will issue notice, allow answers, and may appoint commissioners or a master to inspect the property and recommend whether it can be divided in kind (a physical division) or whether sale is more practical.

Partition in kind vs. partition by sale

If the court (often with the help of appointed commissioners) finds the parcel can be fairly and practically divided so each co-owner receives their share, it will order a partition in kind. If the land cannot be fairly divided — because of size, layout, or other factors — the court will order a sale and direct how sale proceeds are distributed among the owners after paying liens and costs.

How proceeds and credits are handled

When the court orders a sale, proceeds are used first to pay mortgages, tax liens, sale and court costs. The net balance is then divided according to the legal shares of each owner. The court can credit an owner for unequal contributions (for example, if one co-owner paid mortgage payments, property taxes, or made improvements), but the owner seeking credit must provide records and proof. The exact accounting can be complex and is decided by the court.

Typical timeline and costs

Partition cases vary. A straightforward, uncontested partition in kind can take several months. Contested cases, disputes over title, valuation, or credits often take a year or more. Expect attorney fees, court filing fees, costs for commissioners or surveyors, and possibly auction costs if the court orders a sale. If you are forced into court, those costs are typically paid from the sale proceeds or allocated by the court.

Practical alternatives to court

• Voluntary buyout: One owner buys out others at an agreed price or after an independent appraisal.
• Sale by agreement: Owners agree to sell to a third party and split proceeds.
• Mediation: A mediator helps owners reach an agreement about division or sale terms.
• Partition agreement: Owners draft a binding division plan and file it with the deeds if everyone agrees.

Special considerations

• If there are mortgages or liens, mortgage holders may need to be joined to the case and paid from sale proceeds.
• If ownership is tangled with trusts, probate estates, or unclearly recorded transfers, the Land Court can be useful because it handles title disputes and ordered registrations.
• Minors or incapacitated owners require protective representation; the court will supervise any sale or division affecting their interests.
• Tax consequences: selling property can create capital gains tax obligations; consult a tax professional.

Hypothetical example (illustrative)

Three siblings—A, B, and C—own a 30-acre parcel as tenants in common, each with a one-third interest. A wants to sell. B wants to divide the land so each person gets 10 acres. C lives out of state and declines to cooperate. After informal negotiation and mediation fail, A files a partition action under M.G.L. c.240 §1. The court appoints commissioners who find the parcel cannot be divided fairly because of wetlands and road access. The court orders a sale. After mortgage and costs, proceeds are divided one-third to each owner, with a credit to B for paying the last two years of property taxes as documented in bank statements the court accepted.

Helpful hints — practical steps to improve your chances and reduce cost

• Document everything. Keep deeds, receipts for taxes and improvements, and written communications between owners.
• Start with a clear, calm written proposal and offer mediation before filing suit — courts prefer parties to try settlement first.
• Get a preliminary title search to identify all owners and liens before filing.
• Consider an independent appraisal early to set realistic buyout or sale expectations.
• If you expect a court fight, preserve evidence of payments and contributions (tax payments, mortgage payments, receipts for improvements).
• Ask the court about appointing a receiver if the property is deteriorating or generating rental income that needs oversight.
• Talk to a real estate attorney experienced in Massachusetts partition law to evaluate costs, probable outcomes, and the right court forum (Superior Court vs. Land Court).